Charitable Company
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Charitable Company Overview

If you are requiring the establishment of a charitable company look no further than the team at CMK Legal. We provide an end-to-end solution regarding the incorporation and registration of your charitable entity. We understand your objectives are for the greater good and we will carefully step out the process to ensure you are set up correctly.

What is a charitable company?

In Australia, a charitable company refers to a type of legal entity that is incorporated under the Australian Securities and Investments Commission (ASIC) as a company, and which may be also registered with the Australian Charities and Not-for-profits Commission (ACNC) as a charity. This means that the company has met certain criteria and is recognised by the Australian government as a non-profit organization that operates for charitable purposes and provides public benefit.

A charitable company is governed by the Corporations Act 2001, which outlines the rules and regulations for companies operating in Australia, and is also subject to the requirements and regulations of the ACNC, which is the regulatory body responsible for overseeing charities in Australia. Charitable companies are required to adhere to specific reporting and compliance obligations, such as submitting annual financial reports and maintaining proper governance practices.

Charitable companies in Australia are established to carry out a charitable purpose, such as relieving poverty, advancing education, promoting health, advancing social or public welfare, promoting religion, or advancing culture. They are allowed to engage in fundraising activities and may receive tax concessions and other benefits, subject to meeting the relevant requirements and conditions set by the Australian tax laws and regulations.

Do you want to register a charitable company in Australia?

If you would like to register a charitable company in Australia, our specialised team can explain the specific requirements and regulations that charitable companies may have vary depending on the jurisdiction and the type of charitable activities they are engaged in.

Contact us today to schedule a consultation and take the first step towards registering a charitable company.

FAQs

How long does it take to register a public charitable company?
We will meticulously process your request and draft your constitution according to your specified objects clause. The finalised company constitution and relevant company information will be promptly forwarded to ASIC. Generally, your public company limited by guarantee will be registered on the same business day. You will receive an email confirmation once everything is prepared.

If you need the company register, rest assured that it will be diligently prepared and dispatched within 1 business day. We prioritise security and will ensure its safe delivery through our trusted courier service.

What are the objects clause of a public company limited by guarantee?
If you are setting up a new company, the purpose also known as an objects clause should be carefully decided before you include it in your constitution. Your purpose can be general or specific. It will depend on why you are setting up your company and what you plan to do in the future.

If your charitable purpose expands or becomes more focussed in the future, you should reflect this by updating your constitution.

Do you need to register with the ACNC?
Depending on what charitable status you are looking to apply for you may need to register with the Australian Charities and Not-for-profits Commission. Some clients may elect to apply for Deductable Gift Receipt (DGR) status with the ATO and ACNC. In some circumstances, registering with the ACNC will relieve the owners of the company from certain reporting requirements.

The content of this article is intended as a general guide to the subject matter and not to be relied upon as legal advice. For specific legal advice about your individual circumstances, please contact our experienced lawyers.

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